Savannah morning news. [volume] (Savannah) 1868-1887, 1887-01-07

SOLICITOR GENERAL DuBEGNON
WRITES THEM A LETTER.

He Proposes to Enforce the Law in Re-
gard TO the ExsetiOn of Costs in Grim
inal Cases Either from Prosecutor
or Defendant-What the Magistrates
Say About 1t.
The Justices of the Peace in the city
were considerably stirred up yesterday
by a circular letter from Solicitor Gene
raj duBignon. In it he stated that he was
determined to enforce what he CONSTITUTES
to be the law OF Georgia in reference to
the exaction Of costa in criminal cases
from either prosecutor or a defendant.
Continuing he says: Gin order that you
may not be misled by practices hitherto
acquIesced in deem it but just and pro-
per to inform you OF my views Of the law
in this connection, In the first place
desire to apprise you OF the fact that an
order of the City Court of Savannah,
passed in April, 1915, and entered upon
the minutes of that court, allowing a
prosecutor in any criminal case, return
able to said court, to discontinue the
prosecution on payment OF costs, includ.
ing Solicitor Generals fee, has been an
nulled and set aside in open court upon
my motion.
THE LAW OF THE STATE.
ain this matter of costs then there is
nothing TO guide and govern but the law
as contained in the Code of Georgia, and
the local act passed in 1874 fixing the
fees of magistrates within the corporate
limits of Savannah. In neither the Code
nor in this act can l find any authority
given expressly or by impll-
cation to magistrates to de-
tor or defendant any costs IN criminal
case. On the contrary it is expressly in.
hiblted in all cases. The act referred to
uses the following language: And no
magistrate or constable shall ever de-
mand or receive from any prosecutor or
defendant any costs, either directly or
indirectly, in any criminal case This
act as amended by the act of 1876, p. $50,
is the only law upon the subject appli-
cable TO Chatham county, aside from that
embodied in the Code. Section 3 of this
last mentioned act gives to the magis-
tretes in the CITY OF Savannah the right
to charge and collect SO 90 for drawing up
or writing a bond In criminal cases,
whenever person or party, after exami-
nation, has been committed 10 answer
Tor any offence.
NOT LEGAL COSTS.
at is my opinion that this amount can
not be charged or collected as costs. My
construction of this section Of the act
being that as matter of contract be-
tween the magistrate and defendant the
former was permitted thereby TO charge
as much as s. 90 for bis services for writ
ing or drawing up the bond. This con-
struction OF the act is in harmony with
the general lays Of the State upon the
subject ofmps kTates fees, and unless
so construed XAugnant to a provision
of the ConstitlJX of the State which ex.
pTesslv declareSthat no one shall be
compelled to pay costs except after con-
vicuon on final trial.
IN REGARD TO PEACE WARRANTS.
"ln reference to neace warrants the
City Code OF Savannah, section 4,91S of
the Code OF Georgia, requires that all
peace warrants and bonds to keep the
peace shall be returned Immediately
to the Solicitor Generals Office, and IN bis
absence from the county to the Clerks
Office of the City Court, which warrants
and bonds are subject to inspection by the
Solicitor General and the Judge of said
court at each term thereof The Judge is
empowered in his discretion, upon such
inspection, TO cancel such bonds or annul
such warrants. The giving of bond by
a defendant under the peace warrant is
not, therefore, such conviction OF the
issue as would authorize the collection
OF costs until after the matter had been
passed upon in the court to which it is
returnable.
ONLY A COURT OF INQUIRY.
"There is no criminal case which can be
disposed Of finally in magistrates
court. The section of the City Code to
which | have referred requires that all
warrants returnable to City Court shall
hat 1pI n n
Immediately, and violation of either pro-
vision OF this law subjects the magis-
trates to liability for malpractice.
81 have reached these conclusions after
examining the different acts and sections
of the Code and feel assured Of their sound
ness. A sense OF duty and the conviction
that the public interests demand it, will
require in the future at my hands a rigid
enforcement of what l conceive to be the
law.
EQUALLY APPLICABLE TO CONSTABLES.
"All that l have said in reference to
magistrates Is equally applicable to con-
stables. The law in this respect govern
Ing the one is as clear and well defined as
the other"
The magistrates say that the Solicitor
Generals construction OF the law will
take away from them the better part of
their fees. The only thing we will have
left to live on will be the civil business"
said one last night. "For my part shall
not issue warrants in criminal cases.
QUIT THE BUSINESS.
"If anybody comes to me for breach
of the peace warrant or anything OF Jhat
kind, / Will refer him to the Judge and
let the Sheriff have the paper served. We
will be expected to furnish paper, luz and
constables for nothing"
There was some talk OF making test
case, but to do so will necessitate an in-
dictment 6y grand jury and prosecu-
ton, which none OF the magistrates care
TO seek.
Eastman's Little Boom.